RULE 8-413. RECORD--CONTENTS AND FORM
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023
Effective: July 1, 2023
MD Rules, Rule 8-413
RULE 8-413. RECORD--CONTENTS AND FORM
(3) all original papers filed in the action in the lower court except a supersedeas bond or alternative security and those other items that the parties stipulate may be omitted. The clerk of the lower court shall append a certificate clearly identifying the papers included in the record. The lower court may order that the original papers in the action be kept in the lower court pending the appeal, in which case the clerk of the lower court shall transmit only a certified copy of the original papers. The lower court, by order, shall resolve any dispute whether the record accurately discloses what occurred in the lower court, and shall cause the record to conform to its decision. The lower court shall also correct or modify the record if directed by an appellate court pursuant to Rule 8-414 (b)(2). When the Supreme Court reviews an action pending in or decided by the Appellate Court, the record shall also include the record of any proceedings in the Appellate Court.
(b) Statement of Case in Lieu of Entire Record. If the parties agree that the questions presented by an appeal can be determined without an examination of all the pleadings and evidence, they may sign and, upon approval by the lower court, file a statement showing how the questions arose and were decided, and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement, the judgment from which the appeal is taken, and any opinion of the lower court shall constitute the record on appeal. The appellate court may, however, direct the lower court clerk to transmit all or part of the balance of the record in the lower court as a supplement to the record on appeal. The appellant shall reproduce the statement in the appellant's brief, either in lieu of the statement of facts or as an appendix to the brief.
(c) Duties of Lower Court Clerk. The clerk shall prepare and attach to the beginning of the record a cover page, a complete table of contents, and the certified copy of the docket entries in the lower court. The original papers shall be fastened together in one or more binders and numbered consecutively, except that the pages of a transcript of testimony need not be renumbered. The clerk shall also prepare and transmit with the record a statement of the cost of preparing and certifying the record, the costs taxed against each party prior to the transmission of the record, and the cost of all transcripts and of copies, if any, of the transcripts for each of the parties. The clerk shall serve a copy of the docket entries on each party.
Cross reference: See Code, Criminal Procedure Article, ยง 11-104(f)(2) for victim notification procedures.
Source: This Rule is derived from former Rule 1026 and Rule 826.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended March 30, 1993, eff. July 1, 1993; Sept. 10, 2009, eff. Oct. 1, 2009; Sept. 17, 2015, eff. Jan. 1, 2016; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 8-413, MD R A CT AND SPEC A Rule 8-413
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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